HB 165: "An Act relating to the Kenai River Special Management Area; and providing for an effective date."
00 HOUSE BILL NO. 165 01 "An Act relating to the Kenai River Special Management Area; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 PURPOSE. The purpose of this Act is to further the implementation of the Kenai 07 River Comprehensive Management Plan by making additions of certain state-owned land and 08 water as described in this Act to the Kenai River Special Management Area. 09 * Sec. 2. AS 41.21.502(a)(4)(L) is amended to read: 10 (L) Other Lower River Land 11 Township 5 North, Range 9 West, Seward Meridian 12 Section 22: Lots 4, 9, 10, NE1/4SW1/4 13 Township 5 North, Range 10 West, Seward Meridian 14 Section 6: Lot 8
01 Section 7: Lots 5 - 7, 15 02 Section 18: Lots 1, 2, 4 - 6, 03 Tract A, Larry's Fishing Hole Subdivision, Plat 04 No. 90-42 05 Government Lots 4 - 7, 10 - 13 06 NE1/4SW1/4 07 E1/2NW1/4 08 Section 19: 09 Tracts A and B, Timberland Terrace Phase 1 10 Subdivision, Plat 97-26 11 Lot 4, Kobylarz Subdivision, according to the 12 official plat filed under Plat No. 92-24, Kenai 13 Recording Office 14 Beginning at the section corner common to 15 Sections 19, 20, 29, and 30, Township 5 North, 16 Range 10 West, Seward Meridian, traverse west 17 along the section line common to Sections 19 and 18 30 a distance of 1320 feet, thence north along the 19 1/16 section line a distance of 1420 feet to Corner 20 No. 1 and the point of beginning, thence west 100 21 feet to Corner No. 2, thence north to the thalweg 22 of the Kenai River and Corner No. 3, thence east 23 along the thalweg of the Kenai River to the point 24 of intersection with 1/16 section line and Corner 25 No. 4, thence south along the 1/16 section line to 26 Corner No. 1, and the point of beginning, located 27 in the Kenai Recording District, as may be 28 modified by a record of survey accepted by the 29 state 30 Lot 16 31 Section 30: Tracts A, J, and K, Channel Shores
01 Subdivision, Plat No. 85-102 02 Section 31: Lots 2, 3, and 11, excluding the following 03 subdivisions, as shown in record of survey no. 96-7: 04 Halcyon Subdivision, Lot 1, Block 1, plat of survey 05 no. K-1706; Halcyon Subdivision Lot 5, Block 1, 06 plat of survey no. 73-9; Halcyon Subdivision plat of 07 survey no. 76-75; Halcyon Subdivision Addition No. 08 4, plat of survey no. 77-47; Halcyon Subdivision 09 Addition No. 5, plat of survey no. 77-82; Halcyon 10 Subdivision No. 3, plat of survey no. 78-25; Halcyon 11 Subdivision Amended Plat Lot 1-B, Block 1, plat of 12 survey no. 78-96; Halcyon Subdivision Addition No. 13 7, plat of survey no. 79-155; Halcyon Subdivision 14 Addition No. 8, plat of survey no. 83-174; Halcyon 15 Subdivision Addition No. 9, plat of survey no. 84- 16 47; Halcyon Subdivision No. 10, plat of survey no. 17 84-244; Halcyon Subdivision No. 9, plat of survey 18 no. 86-98RS; Halcyon Subdivision No. 9, plat of 19 survey no. 86-99RS; Halcyon Subdivision No. 11, 20 plat of survey no. 92-41; Halcyon Subdivision No. 8 21 Amended, plat of survey no. 92-72; and Halcyon 22 Subdivision No. 12, plat of survey no. 93-8; and 23 excluding that portion of Government Lot 3 east of 24 Daisy Drive conveyed by warranty deed recorded 25 March 10, 1989, in book 343, page 15, Kenai 26 Recording Office. 27 Section 32: Lot 1-B-1, ASLS No. 97-25, a subdivision 28 of Lot 1-B, Fisherman's Square Subdivision, 29 Addition No. 1, within the W1/2SW1/4; 30 Lot 2-A of ASLS 80-87 31 Section 33: Lot 6-B, Mullen Homestead River
01 Addition Phase 1, Plat No. 97-89; 02 Section 34: Lot 7, NE1/4SE1/4 03 Township 5 North, Range 11 West, Seward Meridian 04 Section 1: Lots 9 and [LOT] 10 05 Section 11: Tract 3, Anglers Acres Subdivision Lowe 06 Addition, Plat No. 97-19; Tract A-1A, Cone Tracts; 07 Lot 3, excluding that portion north of the south 08 right-of-way boundary of the Beaver Loop Road 09 and all land west of and including the Cone Tracts 10 A-1A and A-1B Subdivision and SE1/4NW1/4, and 11 the N1/2NW1/4, excluding that portion of the south 12 right-of-way boundary of the Beaver Loop Road 13 and all land west of and including the Cone Tracts 14 A-1A and A-1B Subdivision 15 Section 12: Lots 1 - 3, 7 - 10, 13 16 N1/2SE1/4 17 SE1/4NE1/4 18 NE1/4SW1/4 19 N1/2SW1/4SE1/4 20 Section 13: Lot 1 21 SW1/4NW1/4 22 Section 14: Lots 2, 7 23 Section 16: Lots 1 - 10 24 SE1/4 25 NW1/4NW1/4 26 SE1/4SW1/4. 27 Section 24: That portion of Lot 11 within LSH 148 28 Section 25: Lot 3 29 Section 36: That strip of land between the line of 30 ordinary high water of the Kenai River and EPF 31 21-11, Block 1
01 * Sec. 3. AS 41.21.502(a) is amended by adding new paragraphs to read: 02 (5) all state-owned land in the Seward Recording District that is 03 located in the following parcels: 04 (A) Cooper Landing 05 Township 5 North, Range 3 West, Seward Meridian 06 Section 28: Tract B of ASLS 91-6 07 Lot 3 of USS 2523 08 That portion of Tract A of USS 5105 lying between 09 Lot 4 of USS 2523 and Tract A of USS 2361 and 10 the south boundary of the Sterling Highway 11 That portion of Tract A of USS 5105 lying south of 12 USS 3306, north and west of USS 2524, east of 13 USS 2524, west of USS 2523, and south of Bean 14 Creek Road 15 That portion of Tract A of USS 5105 lying south and 16 west of USS 3306, north and west of USS 2524, and 17 north and west of ASLS 81-197 18 That portion of Tract B of USS 5105 lying south of 19 the Kenai River and north of the Sterling Highway 20 right-of-way 21 Section 29: Tract B of ASLS 91-6 22 That portion of Tract A of USS 5105 lying south of 23 Bean Creek right-of-way excluding ASLS 96-6 24 That portion of Tract A of USS 5105 lying south and 25 west of USS 3306 and south and west of ASLS 81- 26 183 27 Tract D of USS 5105 28 Lot 5 of USS 2527 29 Section 30: Tract E 30 That portion of Tract B of USS 5105 within the 31 SE1/4SE1/4SE1/4, NE1/4SE1/4SW1/4
01 That portion of Tract B of USS 5105 within the 02 S1/2SE1/4 lying north of the Kenai River excluding 03 USS 1442 E1/2NE1/4NW1/4, W1/2W1/2, 04 W1/2E1/2W1/2 05 Section 31: Lots 1, 12 06 That portion of Tract B of USS 5105 within the 07 NE1/4NE1/4 lying south of the Kenai River and 08 north of the Sterling Highway 09 Section 32: That portion of Tract B of USS 5105 within 10 the NW1/4NW1/4 lying south of the Kenai River and 11 north of the Sterling Highway 12 Township 5 North, Range 4 West, Seward Meridian 13 Section 35: That portion of USS 1559 within the N1/2 14 and lying north of the Kenai River 15 That portion of the E1/2NE1/4 lying north and east of 16 USS 3392, south of the Kenai River, and north of 17 the Sterling Highway 18 That portion of the S1/2N1/2NE1/4 and that portion 19 of the E1/2E1/2NW1/4 lying south of the Kenai 20 River 21 That portion of the S1/2NE1/4 lying south of the 22 Kenai River, excluding USS 3392 23 Section 36: Lot 1 of USS 7286 24 That portion of the N1/2 lying between the south 25 bank of the Kenai River and the north side of the 26 Sterling Highway right-of-way 27 That portion of the N1/2S1/2NE1/4 and 28 NE1/4SE1/4NW1/4 lying south of the Sterling 29 Highway 30 That portion of the N1/2 lying north of the Kenai 31 River
01 (B) Kenai Lake 02 Township 3 North, Range 1 East, Seward Meridian 03 Section 7: SW1/4, lying north and west of USS 9002, 04 excluding USS 1774 05 Township 4 North, Range 1 West, Seward Meridian 06 Section 22: S1/2S1/2 07 Section 23: S1/2S1/2, excluding USS 7391 08 Section 25: Lot 8 09 Section 26: N1/2, excluding USS 7391 10 Section 27: N1/2, excluding USS 2065 11 Township 4 North, Range 2 West, Seward Meridian 12 Section 6: Lots 1 and 2, excluding ASLS 85-399, and 13 that portion conveyed under ADL 201307 14 Tract D of ASLS 85-339 15 Section 18: Lots 1 - 3 16 Section 19: NW1/4, NE1/4SW1/4, SW1/4SE1/4 lying 17 south and west of Kenai Lake 18 Section 30: NE1/4, E1/2SE1/4 lying south and west of 19 Kenai Lake 20 Section 31: E1/2NE1/4 21 Section 32: Lots 1 - 3, SW1/4NW1/4, W1/2SW1/4, 22 SE1/4SW1/4 23 Township 4 North, Range 3 West, Seward Meridian 24 Section 1: Tract D of ASLS 85-339, Lots 2 - 4, 25 W1/2SW1/4 26 Section 2: Lot 1, W1/2NE1/4, SE1/4NE1/4, E1/2SE1/4 27 Section 12: Lots 1 - 4, W1/2W1/2, SE1/4SW1/4 28 Section 13: Lots 1, 2, SW1/4NE1/4, E1/2NW1/4, 29 NW1/4SE1/4, E1/2SE1/4 30 Township 5 North, Range 2 West, Seward Meridian 31 Section 31: Tracts A, B, C, and D of ASLS 85-339
01 Township 5 North, Range 3 West, Seward Meridian 02 Section 25: That portion of Tract A of USS 5105 lying 03 south of the Sterling Highway right-of-way 04 Section 26: That portion of Tract A of USS 5105 lying 05 south of the Sterling Highway right-of-way, excluding 06 PLO 829 07 Section 27: That portion of Tract A of USS 5105 lying 08 south of the Sterling Highway right-of-way and west 09 of USS 2521 Tract A 10 That portion of Tract A of USS 5105 lying south of 11 the Sterling Highway right-of-way and west of USS 12 2934 and south and east of ASLS 80-103 13 Section 34: That portion of Tract B of USS 5105 lying 14 east of ASLS 79-126 and between the north side of 15 Snug Harbor Road and the south side of Kenai Lake 16 Section 36: Tracts B and E of ASLS 85-339 17 That portion of Tract A of USS 5105 within the 18 NW1/4 lying south and west of the Sterling 19 Highway right-of-way, excluding ASLS 85-339 20 (C) Quartz Creek Lowlands 21 Township 5 North, Range 2 West, Seward Meridian 22 Section 15: S1/2N1/2 23 Section 16: S1/2N1/2, NE1/4NW1/4, NW1/4NE1/4 24 excluding Unit 408A of the Kenai Area Plan, N1/2S1/2 25 (D) Cooper Lake 26 Township 3 North, Range 2 West, Seward Meridian 27 Section 6: Lots 1 - 3, NE1/4, E1/2NW1/4, 28 NE1/4SW1/4, N1/2SE1/4 29 Township 3 North, Range 3 West, Seward Meridian 30 Section 1: Lots 1 - 4, E1/2NE1/4, NE1/4SE1/4 31 Township 4 North, Range 2 West, Seward Meridian
01 Section 31: W1/2E1/2, E1/2SE1/4 02 Township 4 North, Range 3 West, Seward Meridian 03 Section 36: All 04 (E) Upper and Lower Trail Lakes 05 Township 4 North, Range 1 East, Seward Meridian 06 Section 6: Lots 1 - 6, 8, 9, SE1/4SW1/4, SW1/4SE1/4 07 Section 7: Lots 1, 2, 5, 6, NW1/4NE1/4, NE1/4NW1/4 08 Section 18: Lots 1 - 3 09 Township 4 North, Range 1 West, Seward Meridian 10 Section 1: Lots 1, 4 - 8, and that portion of Lot 3 within 11 the SE1/4 12 Section 12: Lots 1 - 4, 7, 8, 11, 12, Those portions of 13 Lots 5 and 6 as shown on state status plats 14 Section 13: Tract B of ASLS 86-6 15 Lot 1 16 That portion of USS 1778 and USS 7391 lying within 17 the N1/2SE1/4 18 Township 5 North, Range 1 East, Seward Meridian 19 Section 5: S1/2SW1/4 20 Section 7: Lot 1, SE1/4 of Lot 2, Lots 5, 7, 9 - 14 21 Section 8: N1/2NW1/4 22 Section 18: Lots 2 - 7 23 Section 19: Lot 2 24 Section 31: That portion within the W1/2 of Lots 1, 2, 5 25 Lot 6 26 Township 5 North, Range 1 West, Seward Meridian 27 Section 13: Lots 1 - 4, E1/2NE1/4NE1/4, 28 S1/2SW1/4NE1/4, NW1/4SE1/4 29 Section 22: Lot 2, S1/2NE1/4SE1/4 30 Section 23: S1/2 of Lot 1, Lots 2 - 5, S1/2SE1/4NW1/4 31 Section 24: Lots 1 - 3, 6 - 8, portions of Lots 4 and 5 as
01 shown on state status plats 02 Section 25: Lots 1, 2, 6 - 9, 14 03 Tract I of USS 2529 04 Block 7 of USS 2676 05 Section 26: That portion of Lot 2 USS 7371 within state 06 selection NFCG 192 07 Lot 3 of USS 7371 08 Section 27: Lot 1, NW1/4NE1/4 09 Section 36: Lot 4 10 Those portions of Lots 1, 5, and 6 excluding a 11 lakeshore buffer 200 feet from the line of ordinary 12 high water of Upper Trail Lake 13 (6) all state-owned shorelands and water known as Trail River and 14 Upper and Lower Trail Lakes within the following parcels: 15 Township 4 North, Range 1 East, Seward Meridian 16 Sections 6, 7, 18, 19 17 Township 4 North, Range 1 West, Seward Meridian 18 Sections 1, 12, 13, 24, 25 19 Township 5 North, Range 1 East, Seward Meridian 20 Sections 7, 18, 19, 31 21 Township 5 North, Range 1 West, Seward Meridian 22 Sections 13, 22 - 27, 36 23 (7) all state-owned shorelands and water within the riparian corridor of 24 the state-owned land 200 feet landward from the line of ordinary high water on each 25 side of each of the following waterways: 26 (A) Cooper Creek 27 Township 5 North, Range 3 West, Seward Meridian 28 Section 31 29 (B) Bean Creek 30 Township 5 North, Range 3 West, Seward Meridian 31 Sections 29, 30
01 (C) Shackelford Creek 02 Township 5 North, Range 3 West, Seward Meridian 03 Section 34 04 (D) Quartz Creek 05 Township 5 North, Range 2 West, Seward Meridian 06 Sections 19, 20, 29, 30 07 Township 5 North, Range 3 West, Seward Meridian 08 Section 36 09 (E) Daves Creek 10 Township 5 North, Range 2 West, Seward Meridian 11 Sections 19, 20 12 (F) Crescent Creek 13 Township 5 North, Range 2 West, Seward Meridian 14 Sections 29, 30 15 (G) Dry Creek 16 Township 5 North, Range 2 West, Seward Meridian 17 Sections 30, 31 18 (H) Indian Creek 19 Township 5 North, Range 2 West, Seward Meridian 20 Sections 30, 31 21 * Sec. 4. AS 41.21.502(a)(5) is amended by adding a new subparagraph to read: 22 (F) Additional Kenai Lake lands 23 Township 4 North, Range 1 West, Seward Meridian 24 Section 13: Lots 5, 7, and 9 25 Section 24: Lot 2 26 Portions of Lots 3, 4, and 9 as shown on state status 27 plats 28 Lots 5, 7, 8, 10, 11 29 Section 25: Lots 3 - 5; 30 * Sec. 5. AS 41.21.502(c) is amended to read: 31 (c) The state-owned land and water described in (a) of this section is open
01 to [EXCEPT FOR] oil and gas leasing under AS 38.05.180. The [, THE] mineral 02 estate in the state-owned [STATE-OWNED] land and water described in (a)(1) - (4) 03 [(a)] of this section is closed to mineral entry under AS 38.05.181 - 38.05.275. 04 * Sec. 6. Sections 1, 2, 3, and 5 of this Act take effect immediately under AS 01.10.070(c). 05 * Sec. 7. Section 4 of this Act takes effect on the date that the commissioner of natural 06 resources notifies the revisor of statutes and the lieutenant governor that the selection by the 07 Kenai Peninsula Borough of the land added to the Kenai River Special Management Area by 08 sec. 4 of this Act has been denied or relinquished under AS 29.65.